Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 2888 (CHH)

ATISH CHAUHAN @ DADA v. STATE OF CHHATTISGARH

MCRC/2443/2026 · 2026-04-05

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:15564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2443 of 2026 1 - Atish Chauhan @ Dada S/o Firat Ram Chauhan Aged About 25 Years R/o - Shivrinarayan, Police Station - Shivrinarayan, District - Janjgir-Champa, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Shivrinarayan, District - Janjgir-Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Shikhar Agnihotri, Advocate. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06/04/2026 1. The applicant has preferred this First bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No.606/2025, registered at Police Station – Shivrinarayan, District- Janjgir-Champa (C.G.) for offence punishable under Sections 74, 75(3), 78(2) of BNS and Section 12 of POCSO Act. 2. As per the prosecution’s case, the victim along with her father lodged a report on 12.12.2025 stating that during the lunch break on 29.11.2025, the applicant near the main road in front of the school, was pulling her by her hand with the intention of doing wrong things and said that he will pick her up and take HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.04.06 17:54:25 +0530 2 her away, then the victim somehow freed her hand and ran away from there, since then till date, the applicant keeps following her and talking dirty. He was teasing, and on 12.12.2025, during lunch break, the applicant was holding the victim’s hand and hair with the intention of doing wrong things with her and was demanding to do wrong things, then he also pulled the victim’s chunri. The victim somehow freed herself and ran towards school. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is a total of 15 listed witnesses in this case, out of which 2 witnesses, including the victim has been examined. The victim and the applicant were acquainted with each other and had a love relationship between them. The medical report of the victim does not support the case of the prosecution as there is no injuries on the body of the victim. The applicant is in jail since 29.12.2025, and the trial is likely to take considerable time. Therefore, the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is sufficient material against the present applicant. As per the MLC report, there is a mild tender injury in the forearm of the victim, and the nature of the injury is simple. The victim is a minor, and the applicant was continuously teasing the victim; therefore, at this stage, the applicant may not be released on bail. 5. The victim and her father appeared through V.C. from the concerned DLSA and raised objection to grant of bail to the applicant. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case and looking to the material available on record against the applicant, and the victim is a 13-year-old student and also looking to the 3 gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 29.12.2025 and only 2 witnesses out of 15 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu